Tag Archives: Supreme Court

Global Injunctions Available Against Search Engines, Rules Supreme Court of Canada (Updated August 2, 2017)

By: Sangeetha Punniyamoorthy and Thomas Kurys  (Toronto) The Supreme Court of Canada recently released a landmark decision in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world. Intellectual property rights-holders seeking to enforce intellectual property rights in an online world where infringers are … Continue Reading


By Stan Panikowski, Andrew N. Stein, and Brian Biggs B&B Hardware, Inc. v. Hargis Industries, Inc. TRADEMARK Holding: A Trademark Trial and Appeal Board (TTAB) ruling refusing registration on likelihood of confusion grounds can have preclusive effect on a district court trademark infringement case when the elements of issue preclusion are met.… Continue Reading

B&B Hardware v. Hargis Industries: Key Decision on Preclusion Decided Today

By Ann Ford and Ashley Green The United States Supreme Court ruled today that a Trademark Trial and Appeal Board (“TTAB”) ruling on likelihood of confusion can preclude later litigation on the same issue in federal courts.  This highly anticipated and long-awaited decision, penned by Justice Alito, ends nearly two decades of litigation on whether the … Continue Reading

Supreme Court Corner – Q3 2014

Reposted from Intellectual Property and Technology News By Brian Biggs, Stan Panikowski, and Andrew N. Stein RECENT DECISIONS NAUTILUS, INC. V. BIOSIG INSTRUMENTS, INC. Patent: Decided: June 3, 2014 Holding: In a unanimous (9-0) opinion authored by Justice Ruth Bader Ginsburg, the Court held that the Federal Circuit’s indefiniteness standard bred “lower court confusion” because … Continue Reading


Reposted from Intellectual Property and Technology Alert By Andrew L. Deutsch, Marc E. Miller and Melissa A. Reinckens Shortly after its highly publicized loss before the US Supreme Court, which appeared to doom its over-the-air television Internet streaming business, New York-based Aereo shifted to a new legal strategy which it hopes will save its business from extinction.  … Continue Reading

Octane and Highmark – Supreme Court lowers standard for awarding attorneys’ fees in patent cases

By Jeremy Elman and Andrew Stein The United States Supreme Court issued two related opinions earlier today regarding the appropriate standard for awarding attorneys’ fees in patent litigation, Octane Fitness, LLC v. Icon Health & Fitness, Inc., and Highmark Inc. v. Allcare Health Management System, Inc. At issue in Octane was whether the “exceptional case” … Continue Reading

Social Media & The Future of Legal Service

Guest blog post by Carissa L. Bouwer. Carissa is a summer associate in the Sacramento office of DLA Piper. She attends University of the Pacific, McGeorge School of Law and will obtain a J.D. in 2012.   Advances in technology have changed the way lawyers conduct research, communicate with clients, discover information about opposing parties, and even … Continue Reading


*Editor’s note: We share this case because of its possible implications with respect to all other employee-made intellectual property.* ———————————————- By Mattias Luukkonen and Lisa A. Haile The United States Supreme Court has decided in Stanford v. Roche Molecular Systems, Inc. No. 09-1159 (2011) that the Bayh-Dole Act of 1980 (35 U.S.C. sections 200-212) does … Continue Reading

Cert. Granted in Golan v. Holder

Written by Shannon Mo, Associate in San Francisco Picasso’s Still Got It.  Or doesn’t he? The Supreme Court agreed last month to hear a case, Golan v. Holder, addressing whether Congress acted constitutionally in 1994 when it restored copyrights to a handful of foreign works — hugely important works including Picasso’s “Guernica,” films by Alfred Hitchcock, and symponies … Continue Reading